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S2769 (ACTIVE) - Summary

Relates to requiring notice and confirmation of such notice by affected local taxing jurisdictions and school districts prior to approval of projects by industrial development agencies.

S2769 (ACTIVE) - Sponsor Memo

BILL NUMBER: S2769
SPONSOR: COMRIE
TITLE OF BILL:
An act to amend the general municipal law and the public authorities
law, in relation to requiring notice and confirmation of such notice by
affected local taxing jurisdictions and school districts prior to
approval of projects by industrial development agencies
PURPOSE OR GENERAL IDEA OF BILL:
This bill would ensure that important notifications required by law to
be given by Industrial Development Agencies (IDAs) are received by
affected local taxing jurisdictions.
SUMMARY OF PROVISIONS:
This bill amends General Municipal Law and Public Authorities Law to
require IDAs to send notifications of proposed financial incentives for
a project and any reasons for deviation from their uniform tax exemption

policy to affected local taxing jurisdictions by certified mail, return
receipt requested. If the affected local taxing jurisdiction is a school
district, notifications are required to be sent to the school board and
district superintendent of the school district.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This amendment expands the notifications that would be required to be
sent by certified mail, return receipt requested and places these
requirements on the Troy and Auburn IDAs, which are separately author-
ized in Public Authorities Law.
JUSTIFICATION:
Industrial Development Agencies (IDAs) deliver economic incentives to
business and industry, strengthen the local tax base and support local
job creation. In order to ensure this mission, IDAs must work coopera-
tively with local governments, economic development partners and school
districts. This bill will ensure coordination and transparency among
stakeholders without inhibiting economic growth or having a negative
impact on school district revenues or local taxpayers.
PRIOR LEGISLATIVE HISTORY:
S 8956 COMRIE Same as A 10373-A Solages
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
2769
2019-2020 Regular Sessions
I N S E N A T E
January 29, 2019
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law and the public authorities
law, in relation to requiring notice and confirmation of such notice
by affected local taxing jurisdictions and school districts prior to
approval of projects by industrial development agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 859-a of the general municipal law is amended by
adding a new subdivision 1-a to read as follows:
1-A. THE AGENCY SHALL DELIVER A COPY OF THE RESOLUTION ADOPTED PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED LOCAL TAXING
JURISDICTION. WHEN THE AFFECTED LOCAL TAXING JURISDICTION IS A SCHOOL
DISTRICT, THE AGENCY SHALL DELIVER A COPY OF SUCH RESOLUTION BY CERTI-
FIED MAIL, RETURN RECEIPT REQUESTED, TO THE SCHOOL BOARD AND DISTRICT
SUPERINTENDENT OF EACH AFFECTED SCHOOL DISTRICT.
§ 2. Paragraph (b) of subdivision 4 of section 874 of the general
municipal law, as amended by chapter 357 of the laws of 1993, is amended
to read as follows:
(b) The agency shall establish a procedure for deviation from the
uniform tax exemption policy required pursuant to this subdivision. The
agency shall set forth in writing the reasons for deviation from such
policy, and shall further notify BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, the affected local taxing jurisdictions of the proposed devi-
ation from such policy and the reasons therefor. WHEN THE AFFECTED
LOCAL TAXING JURISDICTION IS A SCHOOL DISTRICT, THE AGENCY SHALL NOTIFY
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THE SCHOOL BOARD AND
DISTRICT SUPERINTENDENT OF EACH AFFECTED SCHOOL DISTRICT.
§ 3. Section 1953-a of the public authorities law is amended by adding
a new subdivision 1-a to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD03005-01-9
S. 2769 2
1-A. THE AUTHORITY SHALL DELIVER A COPY OF THE RESOLUTION ADOPTED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX
JURISDICTION. WHEN THE AFFECTED TAX JURISDICTION IS A SCHOOL DISTRICT,
THE AUTHORITY SHALL DELIVER A COPY OF SUCH RESOLUTION BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, TO THE SCHOOL BOARD AND DISTRICT SUPERINTEN-
DENT OF EACH AFFECTED SCHOOL DISTRICT.
§ 4. Subdivision 2 of section 1963-a of the public authorities law, as
amended by chapter 357 of the laws of 1993, is amended to read as
follows:
2. The authority shall establish a procedure for deviation from the
uniform tax exemption policy required pursuant to this section. The
authority shall set forth in writing the reasons for deviation from such
policy, and shall further notify BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, the affected tax jurisdictions of the proposed deviation from
such policy and the reasons therefor. WHEN THE AFFECTED TAX JURISDIC-
TION IS A SCHOOL DISTRICT, THE AUTHORITY SHALL NOTIFY BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, THE SCHOOL BOARD AND DISTRICT SUPERINTENDENT
OF EACH AFFECTED SCHOOL DISTRICT.
§ 5. Section 2307 of the public authorities law is amended by adding a
new subdivision 1-a to read as follows:
1-A. THE AUTHORITY SHALL DELIVER A COPY OF THE RESOLUTION ADOPTED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX
JURISDICTION. WHEN THE AFFECTED TAX JURISDICTION IS A SCHOOL DISTRICT,
THE AUTHORITY SHALL DELIVER A COPY OF SUCH RESOLUTION BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, TO THE SCHOOL BOARD AND DISTRICT SUPERINTEN-
DENT OF EACH AFFECTED SCHOOL DISTRICT.
§ 6. Subdivision 2 of section 2315 of the public authorities law, as
amended by chapter 357 of the laws of 1993, is amended to read as
follows:
2. The authority shall establish a procedure for deviation from the
uniform tax exemption policy required pursuant to this section. The
authority shall set forth in writing the reasons for deviation from such
policy, and shall further notify BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, the affected local taxing jurisdictions of the proposed devi-
ation from such policy and the reasons therefor. WHEN THE AFFECTED TAX
JURISDICTION IS A SCHOOL DISTRICT, THE AUTHORITY SHALL NOTIFY BY CERTI-
FIED MAIL, RETURN RECEIPT REQUESTED, THE SCHOOL BOARD AND DISTRICT
SUPERINTENDENT OF EACH AFFECTED SCHOOL DISTRICT.
§ 7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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